Amend Sections 120.7 and 128 and Add Section 120.8, Title 14, California Code of Regulations (CCR), Regarding Commercial Sea Urchin and Sea Cucumber Fishing Reg

2025050439

California Fish and Game Commission (CDFGC)

NOE - Notice of Exemption

5/12/2025

5/12/2025

Melissa Miller-Henson

California Fish and Game Commission

Executive Director

Lead/Public Agency

PO Box 944209
Sacramento, CA 94244-2090

(916) 653-4899

Melissa.Miller-Henson@fgc.ca.gov

California marine waters, statewide

Categorical Exemption

California Code of Regulations, Title 14, sections 15307 and 15308

These exemptions are related to agency actions to protect natural resources and the environment. This regulatory proposal will protect and conserve kelp resources and will improve access to urchin harvesting while streamlining the regulatory language for clarity. The Commission’s adoption of regulations is an activity that is the proper subject of CEQA’s classes 7 and 8 categorical exemptions. At its April 16-17, 2025 meeting, the California Fish and Game Commission (Commission) took final action under the California Fish and Game Code and the Administrative Procedure Act with respect to the above-named project. In taking its final action for the purposes of the California Environmental Quality Act (CEQA; Public Resources Code Section 21000 et seq.), the Commission adopted amendments to sections 120.7 and 128, and added Section 120.8, of Title 14, California Code of Regulations (CCR) (“Project”), relying on the categorical exemptions for “Actions by Regulatory Agencies for Protection of Natural Resources and the Environment” contained in CEQA Guidelines sections 15307 and 15308 (class 7 and 8 categorical exemptions, CCR, Title 14, sections 15307 and 15308). Class 7 and 8 categorical exemptions apply to agency actions to protect natural resources and the environment. The regulatory changes are related to commercial fishing for sea urchin. The changes improve access to urchin harvesting while streamlining the regulatory language for clarity. The regulatory changes contain two key provisions to be exempted from CEQA. The other items amended in the rulemaking, including non-substantive changes to commercial sea cucumber regulations and the commercial dive log (form DFW 120.8), are ministerial and do not require CEQA review. The first provision seeks to remove Fridays from the seasonal closure for the northern fishery, defined as north of the Monterey/San Luis Obispo county line. Allowing fishing on Fridays throughout the year in the north is beneficial to existing kelp restoration projects, as it gives these projects an additional day to utilize commercial fishermen’s expertise and vessels during kelp restoration projects. For nearly a decade, kelp forests in northern California have seen a dramatic decline, and the state is taking an all hands-on approach to the tools utilized in kelp restoration. Commercial fishermen are seen as a valuable tool to help remove nuisance urchins in unprotected areas within their legal fishing grounds where the urchins are overabundant and destructive to the ecosystem. The second provision reduces the size of the South Caspar Point urchin closure and reopens the closure in four years. Caspar Cove, located in the current South Caspar Point urchin closure, is currently undergoing studies to evaluate the effectiveness of sea urchin removal by recreational divers for kelp restoration. Allowing the commercial fishermen back into this area could benefit the environment by providing additional support to the kelp restoration project through utilizing commercial fishing expertise and vessels. Due to these reasons, the proposal is an activity that is the proper subject of CEQA’s class 7 and 8 categorical exemptions.